Dear Lawyers, My sister and my best friend has repeatedly been a victim of sexual harassment by the Physician who is the supervisory doctor at a state government hospital in Navsari. Over the past 1 year. Inspite of her saying No repeatedly to Dr. Viral that she is not interested to talk about anything other than hospital related matters, he kept asking her if she had an physical and sexual relations with anyone or has a boyfriend and kept forcing her to come close to him even though she refused so many times. Whenever she refused he used to threaten her that he has a lot of contacts and everyone in the administration is his friend, and in the past also someone tried to complaint against him but nothing happened and he is very proud of all that. Sometimes he used to verbally abuse in front of her and look at her and laugh and say that I am a very bad person, dont take panga with me else bohot bhura hoga. Sometimes when she is alone at night shift he kept coming to hospital fully drunk everytime and try to talk about the Nurses personal life and not let her do her job attending patients. Sometimes without her knowledge, he used to silently watch her sitting in her cabin and twice he came behind her, very near her and she got very scared because she was alone in her room. Whenever she used to refuse that she does not want to talk to him, he used to say come near me and sit else I'll beat you. 10 Days back, the same thing happened. She was alone in dressing room, it was her night shift, around 10 30 and silently came behind sir and stood and watched her. She got very scared and ran outside when Staff Maasi was sitting. Seeing masi he left and went towards his quaters. When masi left he again came to the hospital and started forcing the nurse to talk to him in front of patients and when she refused, he loudly tried to say in front of everyone that "Whatever(relation) we had between us, if dont want to continue then let me know, I'll then decide what to do with you". Meaning he told in front of everyone in gujarati language that he and the nurse had relation in the past (physical) and this completely ashamed and shock my sister and she felt so humiliated and bad, but she still did not let him come inside of the hospital with the help of security guard who closed the gate. After thing, he kept calling her in night but she didnt pick up. Yesterday we went to Police station and told them everything and FIR has been issued under sec 354(a), 356(c) and 354(d) But he told again everyone that he doesnt care because everyone in the higher administration are his friends and now he will try to damage the nurses reputation more in public because she complained. The police has till now taken statement of the staff, although few people like other nurse and security guard is left. Further, today the entire staff is also going to write a letter against Dr. Viral not because of only this behavior, but he also misbehaves frequently with other staff as well as never comes on time in hospital when patient needs them, comes very late, almost is always drunk and there have been many incidences where patients sufferred because of the carelessness and incompetence of the doctor. So now there are going to be two complaints against him. Once police complaint and one administrational complaint by all the staff. Please tell us now, what else do i need to do for my sister. How do i ensure that she gets justice? What is going to be the process next? We are middle class people and cannot afford to lawyer fees so need to know. Please if anyone can help. Please
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1) since you have filed police complaint let police carry out investigations
2) police will submit charge sheet in court and doctor would be prosecuted
3) doctor would be suspended from govt service
4) you dont have to spend money on legal fees
5) state will prosecute the case against doctor
1. ince FIR is registered then first things has been completed. However to ensure that investigation is properly done remain in close contact with the police.
2. If the police is influenced whereby it defaults is making prepr investigation the victim can file writ petition in high court for proper investigation.
3. In alternative do lodge complaint under Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013 and the Rules set therein under the Inquiry Committee set up internally may suspend or dismiss the Doctor.
Your sister has taken the right move both by filing FIR as well as departmental complaint and has to pursue them vigorously with police and meeting higher Govt. authorities in health Deptt .These actions should take Dr to task.
2. Additionally if action does not follow then file a complaint petition in Chief judicial magistrate court to give direction to police for expeditious enquiry and report so that charge sheet can be filed against him.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is an Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
She can make a complaint with the administration of the hospital under the provisions of the said act.
The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.
The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.
Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Complaints Committees have the powers of civil courts for gathering evidence.
The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
Penalties range from one to three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime, employers are obligated to report offences.
You may advise your sister to make a representation to the hospital authorities with a written complaint about the incidences and tortures that was meted out by him to her in the work place.
Dear Sir...
You Must be file the complaint in Medical Council Of India ...and attached the copy of F.I.R.and other documents......and request that.......kindly cancel the registration of this doctor....sexually assault is falls in the category of henious crime ....so you can also file the writ petition ..in the your state High court..
Regards
Mob-No-[deleted]
1. Since the FIR under appropriate provisions of IPC has already been lodged there is nothing the victim is required to do at this stage except to keep a vigil on police so that it does its duty in accordance with law. After the recording of statements of all witnesses it should arrest the accused.
2. If police does not perform its duty according to the law then the victim may proceed under 200 Cr.P.C.
Hello Everyone, I thank you for your valuable inputs and advice. I would like to share update with you and get your follow on advice. Since this will be my last question, I am hoping to get somewhat deeper knowledge and information for you. After the FIR was done, withing 2 days the police came to hospital and asked everyone about the events but did not take every staff's statement. They were cooperating though and trying to handle the case swiftly. The next day they arrested Dr. Viral on duty and in police station he asked his family to bail him out, but they didnt bail him out(his friend did who is an influential person locally) as police said her wife was fed up of his husbands actions. Earlier also someone made similar complaint (Not in police but to hospital administration) but since the dr claims to have high influence over the higher administration and political contacts, no action was taken. When my sister contacted the victim, she said she is ready to give statement to police but is not ready to come before judge. So, we left any hopes about her. Furthermore, we have witnesses in the staff who saw Dr. viral asking lewd questions to my sister once about her having any boyfriend with whom she had sexual/physical relations, and also saw him looking at her, inside the dressing room behind closed doors multiple times. But the police is delaying taking their statements after making arrest citing reason that election is near and they are busy with work. They will come soon. Moreover, they said it will take at least 1 month to file the charge sheet in court despite gathering all the evidence and making arrest. Q1) Is this normal or do you think something fishy is going on here? What will happen after chargesheet is filed? does this case go on a fast track mode? Further, the have also made a separate written complaint to the hospital administration regarding the bad behavior of Dr. Viral with everyone, and misconduct and malpractise as well as negligence towards patients along with examples with date and time. Now, my Q2. Should we mention all this in my sister's complain as well? If yes, then is it going to improve our case? Q3) Whatever statements that staff gives to the police, is it compulsory for them to say the same in front of judge in court? What if they are hesistant? Q4) How many times will my sister have to go to court approximately? How long do you think this case will go on and when should we expect justice? What to do if the lawyer given to us by the government is either not cooperative or competent? Q5) Since Dr. Viral had earlier threatened my sister, how can i ensure that we are taking all the right legal steps to protect and safeguard my sister? Are we missing anything? Should we notify women's commission and state commission, or write a letter or health minister, state minister, etc? Till now no committee has been formed. (ICC or LCC). However some lady from NGO came and visited my sister. (Police called her) Also some health administration officials such as CDHO and RDD came to the hospital and took statements of the staff as well as my sister. They said they will attach the staff written complain + my sister's FIR copy and submit to higher administration. But till now, we don't know for sure if such action has been taken by them, although they say they already did the same. Q6) Incase the harasser decides to settle and give in writing that he will never do so and so again or come near my sister or harrass her, should we take back the case? how does this all work and what should be the content in his letter so i can safeguard my sister legally? How can i ensure this traumatic period in my sister's life gets over soon so she can carry on with her normal life because she wants to go to study master's degree in mid 2017. Q7) If there is anything more useful information, please share. Its a humble and heartfelt request. Whatever info i had read on the internet, we have already taken those steps. Need to know everything that can help us get justice
1) it is normal to take more than a month fir filing charge sheet
2) after filing of charge sheet trial would commence
3) you should mention complaint filed with hospital authorities
4) witnesses should not resile from their statement in court
5) case would go on for years . Disposal depends upon pendency of cases in court
6) you can complain to state women commission if you do desire
7) don't withdraw the case
1. The police should file the charge sheet within 90 days from the date of registering FIR.
2. Your sister can mention all the allegations against the doctor whatever he is reported to have indulged.
3. The witnesses, if give statement before police now are required to adduce the same before the court also.
4. This is a state prosecuted case. Your sister may have to go to the court for adducing her evidence and also for cross examination,. This may be for two or three times. The lawyer to prosecute this case will be the assistant public prosecutor. Your sister only has to cooperate with the APP for the proceedings and not that he will cooperate with your sister.
5. You have to wait for the result of the action by the staff in this regard. The government machinery will function in the manner known to it so far hence your urgency will not find any answer from their style of functioning.
6. It will depend upon the prevailing situation at that time when he may come down for compromise. Your sister can decide then about the next course of action depending on the facts and situation prevailing then.
7. You await the legal action on the complaint and decide about further steps if the police is not cooperating properly.
Dear..
you can send me copy of brief...i will explain you regarding your issue......
Regards..
Mob-No-[deleted]